What is the difference between I-134 and I-864?

And, which one should be filed to USCIS for K1 visa?

Thanks in advance!

I134 is used for K1 visa, at least those going through the US Embassy in Bangkok. It is requested later in the process, when packet 3 is issued. Check your fiance/spouse's Embassy web page.

charles_ny,

Neither. The consulate, not USCIS, is likely to want an I-134 to go along with a K1 visa application.

Yodrak

The I-134 is not a legally binding affidavit, it is used for non-immigrant visa's. Up until you marry (and subsequently file for Adjustment of status) the non-USC fiance will hold a non-immigrant visa. This allows them to get into the US before having a legal relationship with the USC fiance. The I-134 will need to be filled out by a qualified sponsor (the USC if he/she doesn't earn enough $ then also a co-sponsor) This form will need to be notarized. This does not get sent with the I-129F application. This is only submitted to the Embassy during the interview. Each Embassy will have information on this and will send it to you soon after your approved I-129F is forwarded to them.

The I-864 is a legally binding contract that the sponsor will be financially responsible for the immigrant in the event the immigrant attempts to benefit from certain federal aid programs. This form is filed at the Adjusment of Status part of the journey (after the Non-USC has travelled to the States and you two get married). I believe the new forms do not need to be notarized (check this) as they are already legally binding.
Hope this helps!
Sue

Sue is 100% correct. I have been through this process before an the I-134 is provided at the time of the interview. It never needs to acompany the initial filing. The rest of Sues response is also totally correct.

Thanks TurboGuy!
Can you send that to my fiance and let him know that I am "Totally Correct"?
It's a momentus occassion, it doesn't happen very often...Thanks for the ego boost...I'll try to not let it get to my head....lol

Sue

Also - The I-864 does NOT have to be notarized, your correct....AGAIN!

Hate to be the bearer of the " you weren't 100% correct " news but there is not a co-sponsor with the I-134. There is a single sponsor......if not the petitioner then it is someone else who qualifies. Otherwise you did great Sue

I used the term co-sponsor from the I-864 for simplicity. However, the petitioning fiance still needs to fill out a I-134 for their own financial situation regardless if they can sponsor the non-USC themselves. If you need to use "someone else who qualifies" it doesn't matter what language you use for yourself, you just need to make sure both of you file the I-134. But I will stand corrected.
Sue

But there is no 'co sponsor' with the I-864 either. There is a Joint Sponsor....



Being Totally Correct is a PITA.

you guys sure do suck the fun out of things

Sue,

Some of us aren't here for fun, we're here to help people have a correct understanding of what they're doing.

Yodrak

Sue,

Not necessarily. Only if the consular officer asks for it. Some may, some may not.
- It is not required that the petitioner be the sponsor for a K visa
- It is not required that a sponsor for a K visa provide an I-134 (optional at the consular officer's discretion)

Yodrak